Archive - January 26, 2017

Martinz v. Salazar (District of New Mexico, 2017)

Jan 26 2017

Key Insight: Even with a litigation hold, if a party would have made no efforts to obtain a serial number, bad faith is not found. Sloppy paperwork may be considered gross negligence in a totality of the circumstances. Rule 37(e) was not used.

Nature of Case: Excessive police force

Electronic Data Involved: Electronic data (Taser usage records)

Keywords: taser, cartridge, serial number, spoliation

Hibbett Patient Care, LLC v. Pharmacists Mut. Ins. Co., No. CA 16-00231-WS-C (S.D. Ala. Jan. 26, 2017).

Jan 26 2017

Key Insight: Plaintiff requested information related to outside counsel’s evaluation of claims. Court granted, but limited original request.

Nature of Case: Insurance breach of contract and bad faith

Electronic Data Involved: Various documents related to claims investigations; primarily related to outside counsel evaluations.

Keywords: scope; outside counsel; evaluation of claim

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